व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. IV. 5. 25-26 ] ADOPTION 126
M p 60 ll. 21-32 ]
If an aurasa son be born, the (other kinds of) sons take the fourth
share, provided they belong to the same caste; but those (secondary
sons) who do not belong to the same caste (as that of their father) are
entitled to food and raiment (alone)
The reading of the Kalpataru is 'take the third share'. Vijñāne-
śvara says¹ that 'savarṇāh (in the verse of Kātyāyana) means 'the
kṣetraja, the dattaka and the like'. When both (the adopter and the
giver of the dvyāmuṣyāyaṇa) have no (other) son, he (the dvyāmuṣyā-
yaṇa) should perform a single śrāddha only for both (giver and adopter)
in the manner already declared above in the words 'in one and the same
śrāddha &c' As to what Kārṣṇājini (quoted) in Hemādri says²
Whoever may be the members belonging to the respective families of
the fathers (natural and adoptive), the adopted sons and the rest should
perform their conjunction (sapiṇḍīkaraṇa) on their death with the
pitṛs in the respective families (of birth or adoption) The sons of
them (of the dattaka and the rest) should perform (the sapiṇḍīkaraṇa
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1. The Mit on Yāj II 132 gives this explanation of savarṇāh and explains asavarṇāh
   as 'kānīna, gūḍhaja, sahodha, and paunarbhava'
   2 These verses have been variously explained by Kamalākara, Hemādri and others.
   Vide notes to V M pp 191--197 for detailed explanation The sapiṇḍīkaraṇa of a deceased
   person is always made with reference to his three immediate paternal ancestors If a
   person dies in the natural father's or adoptive father's family of the dattaka and he has
   to perform the sapiṇḍīkaraṇa of that man then he (the dattaka) should associate the
   deceased with the latter's three ancestors If the dattaka is himself dead, his sapiṇḍīkaraṇa
   has to be performed by his son with the three ancestors of the dattaka, father, grandfather
   and great grandfather But he had two fathers (natural and adoptive) So in the place
   of the father of the dattaka, two names (of the natural and adoptive fathers) are to be
   repeated when offering the piṇḍa for the father of the dattaka If the grandson of the dattaka
   has to perform the sapiṇḍana of his own father (i e of the son of the dattaka), then the
   dattaka will be the father of the deceased and the grandfather of the deceased would be the
   natural and adoptive fathers of the dattaka Nilakaṇṭha says that it is only the natural
   father of the dattaka whose name is to be taken as the grandfather (when the deceased is
   the son of the dattaka) When it is the great-grand son of the dattaka who has to
   perform the sapiṇḍana of his deceased father (i e of the grandson of the dattaka), the
   father of the deceased is the son of the dattaka, the grandfather is the dattaka himself
   and the natural and adoptive fathers of the dattaka occupy the place of great-grandfather
   The question is whether in the sapiṇḍana of the grandson of the dattaka by the great-
   grandson, both names are to be repeated with reference to the piṇḍa for the
   great-grandfather The answer is that there is an option, viz. the name of the natural
   father of the dattaka must be taken as the great-grandfather of the deceased grandson
   of the dattaka, but the name of the adoptive father of the dattaka may or may not be taken
   with reference to the piṇḍa for the great-grandfather The words 'eṣā tripuruṣī' are
   capable of several meanings According to Nīlakaṇṭha they seem to mean that the
   relationship due to piṇḍa extends only up to three generations i e the adopted son, his
   son and grandson are connected with the adopter by piṇḍa relation, but the great-
   grand-son of the adopted person is not so connected with the adoptive father.